Terms and Conditions of Internet Sale
These conditions relate to a Sale of Goods to the Customer via the website
In these Conditions:-
ü "the Company" means Arun Business Supplies
ü "the Contract" means the contract between the Company and the Customer for the sale or supply of Goods (as the case may be)
ü "the Goods" means the items offered for sale on the Website
ü "the Customer" means the person, firm or company with whom the Contract is made via the Website by the Company
ü "the Website" means "abs-stationery.co.uk"
ü "Working Days" means Monday to Friday, excluding Bank and other public holidays in England.
These terms and conditions apply in preference to and supersede any terms and conditions referred to, or relied on by the with reference to the goods which this contract relates.
Neither the Customer nor the Company shall be bound by any variation, waiver of or addition to these conditions except as agreed by both parties in writing and signed on their behalf
- The price payable for the Goods shall be the current price at the time of despatch.
- 2.The Company shall have the right at any time to withdraw any discount from its normal prices and/or to revise prices to take into account increases in costs including (without limitations) costs of any goods, materials, carriage, labour or overheads, the increase or imposition of any tax, duty or other levy and any variation in exchange rates.
- Unless otherwise agreed, all prices are exclusive of carriage, value added tax and any other duties or taxes which the Customer shall be liable to pay to the Company.
- All goods advertised for sale on the site are subject to availability If subject to reasonable endeavours the Company fails to supply the Goods to the Customer, the Customer shall not be charged for the unavailable Goods.
- The Company shall not be liable for any other losses which the Customer may suffer for the unavailable Goods.
5. Delivery and Performance
- Delivery of the Goods shall be within the UK only, to an address, notified to the Company by the Customer.
- All times or dates given for delivery of the Goods are given in good faith and shall not be of the essence of any Contract.
- From the time of delivery by the Company or its carriers to the Customer or its agent the Goods shall be at the risk of the Customer who shall be solely responsible for the custody and maintenance thereof.
- All Goods supplied to the Customer by the Company shall become the property of the Customer upon payment.
8. Limitation of Liability
The following provisions set out the entire financial liability of the Company to the Customer in respect of any breach of these Conditions; and any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
- The company shall not accept any responsibility and liability for any damage to the Goods caused by the Customer.
- Without prejudice to the Customers statutory rights, all information and materials contained in the Website (including without limitation text, graphics and links) are provided for information purposes only and shall be excluded from any warranty, where the Company shall not represent or warrant that the information accessible via the Website is:
- accurate, complete or current;
- uninterrupted or error free.
- The Goods purchased via the Website shall be warranted in accordance with the law, and nothing in these terms shall be taken to exclude or restrict any rights which applicable law grants to the Customer.
- Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Companys negligence or fraudulent misrepresentation.
- Where the event relates to purchase of the Goods, the Company shall be limited to damages of an amount equal to the purchase price of the Goods. In all other cases the Company shall be limited to damages of £2000.
- If a number of acts or omissions on the part of the Company or its employees, agents or sub-contractors give rise substantially to the same loss then they shall be regarded as giving rise to only one claim under the Contract.
- All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
- Subject to Conditions 8 above the Company shall not be liable to the Customer in respect of any losses or damages which may be suffered by the Customer whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories:
- special damage even though the Company was aware of the circumstances in which such special damages could arise; or
- Loss of profits, anticipated savings, business opportunity, data; or goodwill.
The company shall not be liable for any loss of income or profits or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by the negligence of the company.
- The Company shall provide their own courier to collect returned goods from the Customer Site at their own risk and expense if the return is due to:
- incorrectly delivered goods delivered by the courier in which the Customer has notified the Company in writing within 1 working day of receipt of the goods;
- damaged goods delivered by the courier, in which the Customer has notified the Company in writing within 5 working days of receipt of the goods;
- faulty goods that may be replaced under the warranty terms of the goods within 10 working days of receipt of the goods.
- Except for office machines, furniture, specials and some electrical items (Full details of such items may be sent to the Customer in writing to the Customer, on reasonable request by the Customer), if the Customer is not happy with any of the Goods purchased from the Website, then they may within 5 working days of receipt of the Goods, return the Goods to the Companies premises at the Customers risk and expense by logging onto the Customers account on the Website and following the returns process. The Company reserves the right to refuse to accept such returns if they are not returned in reasonable time and in their original packaging in a clean, unused, undamaged and resalable condition.
- Except for warranty returns over 10 working days, all other returns shall be agreed in writing with the Company and shall be sent to the Companies premises at the Customer risk and expense. The Company reserves the right to reasonably refuse to accept all such returns, where the Goods are not returned in their original packaging in a clean, unused, undamaged and resalable condition.
- Warranty returns over 10 working days shall be dealt with directly between the manufacturer of the Goods and the Customer.
- Where a refund of the Goods is required by the Customer, the Company shall use reasonable endeavours to process such requests within 2 working weeks of receipt of the returned of the Goods.
10. Force Majeure
The Company shall not be liable for any delay or failure in performance of its obligations under the Contract which is due to or results from any circumstances beyond its reasonable control. In any such event the Company shall be entitled to delay or cancel delivery of the Goods. If due to any such event the Company has insufficient stocks to meet all its commitments the Company may apportion available stocks between its Customers at its sole discretion.
Save as provided in Conditions 9 and 10 hereof, Contracts may not be cancelled except by agreement in writing of both parties.
12. Privacy and Data Collection
- Any personal information supplied by the Customer to the Company in connection with an order shall be held in confidence and except for events outside the Companies reasonable control, the Company shall use its best endeavours to prevent unauthorised or unlawful use or accidental loss or destruction of such data.
- The Company reserves the right to disclose the Customers personal data as required to by law or in the event of a complaint arising from the Customers breach of these terms.
- The Company reserves the right to transfer the Customers personal data for internal business use by the Company and when reasonably required, to locations outside the European Economic Area, that may not possess data protection laws.
- The Customer shall have the right to be sent a copy of the personal data of the Customer held by the Company on request by the Customer. The company reserves the right to charge a small fee for copies provided to the Customer.
If at any time one or more of the above Conditions becomes in whole or in part void, invalid, or unenforceable then the remainder of the Contract shall nevertheless be valid and enforceable.
14. Third Party Rights Exclusion
A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
- All notices hereunder shall be in writing and shall be given by hand or sent by prepaid first class post, fax or email to the party concerned at its last known address. Notices sent by first class post shall be deemed (in the absence of evidence of earlier receipt) to have been delivered forty-eight hours after despatch and notices sent in to the company shall be deemed to have been delivered on the first customary working day in the addressees country following the day of their despatch.
Notices to the company shall be sent to: Arun Business Supplies
115 Sea Road, East Preston, West Sussex BN16 1NX or email
Neither Party shall assign or transfer the whole or any part of its rights or obligations under the Contract to any other person, firm or company, without the prior written consent of the Other Party.
17. Governing Law
The Contract shall be governed by and construed in accordance with English Law